Town of Coeymans v. City of Albany

284 A.D.2d 830, 728 N.Y.S.2d 797
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 28, 2001
StatusPublished
Cited by20 cases

This text of 284 A.D.2d 830 (Town of Coeymans v. City of Albany) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Coeymans v. City of Albany, 284 A.D.2d 830, 728 N.Y.S.2d 797 (N.Y. Ct. App. 2001).

Opinion

Lahtinen, J.

Cross [831]*831appeals from two amended judgments of the Supreme Court (Ferradino, J.), entered February 4, 2000 and February 11, 2000 in Albany County, which, inter alia, denied petitioners’ applications, in combined proceedings pursuant to CPLR article 78 and actions for declaratory judgment, to declare Ordinance No. 55.111.98 of the City of Albany null and void.

In 1989, several municipalities, including respondent City of Albany and petitioner Town of Coeymans in Albany County, adopted resolutions authorizing the creation of the Albany New York Solid Waste Energy Recovery System Waste Shed Planning Unit (hereinafter Planning Unit) to formulate a long-term plan for the disposal of solid waste. The City, as the Planning Unit’s lead agency, formulated a solid waste management plan that respondent Common Council of Albany adopted on March 16, 1992. The plan identified landfills as the preferred method of waste management and recommended the construction of a new landfill. Thereafter, the City completed a multiphase siting study that initially identified 15 potential sites for the construction of the new landfill and finally selected a 343-acre parcel of property located in the Town, referred to as “Site C-2,” as the preferred site.

During the siting process, the City engaged in extensive negotiations to obtain options to purchase the parcels of land comprising Site C-2. On August 15, 1994, the Common Council passed a resolution authorizing respondent Mayor of Albany “to execute and enter into purchase contracts and/or other agreements to facilitate the acquisition” of Site C-2 by the City.1 Sixteen days later, the Mayor signed an option agreement for 201.6 acres of the site.

In the meantime, the City filed an application with the Department of Environmental Conservation (hereinafter DEC) for a permit to construct and operate a landfill at Site C-2. In March 1995, DEC concluded that the proposed landfill constituted a type I action under the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]), requiring coordinated review among all of the involved agencies, and designated DEC’s Region 4 office as the lead agency for the project.2 DEC thereafter issued a positive declaration for the project and outlined the parameters of a draft environmental impact statement that would have to be completed before the project could proceed. In 1997, the City obtained options to two additional parcels of real property which, together with the property covered by the 1994 option, comprise Site C-2.

[832]*832On November 16, 1998, the Common Council passed resolution No. 86.113.98R (hereinafter the resolution) authorizing “the funding of the acquisition of * * * Site C-2” to “ensure continued control” over the site. The Common Council also appointed itself as the lead agency for the acquisition of Site C-2, despite the prior designation of DEC’S Region 4 office as the lead agency for the entire project, and issued a negative SEQRA declaration obviating the need to file an environmental impact statement. The Common Council then enacted City Ordinance No. 55.111.98 (hereinafter the ordinance), which authorized the issuance of $3,450,000 in City bonds to fund the purchase of the parcels comprising Site C-2.

The Town subsequently initiáted a combined CPLR article 78 proceeding and action for declaratory judgment (hereinafter proceeding No. 1) against the City and various City agents and bodies (hereinafter collectively referred to as the City respondents) and the owners of the land that comprised Site C-2 (hereinafter collectively referred to as the landowner respondents) to annul the resolution and the ordinance. The Town alleged that the Common Council violated SEQRA by, inter alia, usurping the lead agency status of DEC’S Region 4 office, illegally segmenting the funding portion of the project and issuing a negative declaration for funding purposes even though DEC had previously issued a positive declaration for the entire project.3 Residents of the Town and the City (hereinafter collectively referred to as the Marshall petitioners) initiated a similar combined CPLR article 78 proceeding and action for declaratory judgment (hereinafter proceeding No. 2) against the City respondents and the landowner respondents, alleging that their actions violated SEQRA, General Municipal Law § 51 and Second Class Cities Law § 22.

Supreme Court agreed that the Common Council had violated SEQRA, rejected the City respondents’ two principal defenses — that the Town and the Marshall petitioners lacked standing to bring both proceedings and that the proceedings were barred by the Statute of Limitations — and nullified the resolution. The City respondents appeal from this portion of Supreme Court’s amended judgments in both proceedings. The court refused to invalidate the ordinance, however, reasoning that the bonds approved thereunder could ultimately be issued if DEC permits segmentation of the acquisition process. The Town and the Marshall petitioners cross-appeal from this portion of Supreme Court’s amended judgments in both proceed[833]*833ings. In addition, Supreme Court dismissed the Marshall petitioners’ General Municipal Law § 51 and Second Class Cities Law § 22 claims in proceeding No. 2, prompting a cross appeal from that portion of the court’s amended judgment in said matter.

Initially, we agree with Supreme Court that the Town and the Marshall petitioners who reside in the Town have standing to bring their respective SEQRA proceedings. We have previously stated that “standing should be liberally constructed so that land use disputes are settled on their own merits rather than by preclusive, restrictive standing rules” (Matter of Parisella v Town of Fishkill, 209 AD2d 850, 851). To that end, the allegations contained in a petition are deemed to be true and are construed in the light most favorable to the petitioner (id., at 851). Applying those rules, we conclude that the Town and the Marshall petitioners who reside in the Town have shown that the Common Council’s action will “have a harmful effect on [them] and that the interest asserted is arguably within the zone of interest to be protected by the statute” (Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 9; see, Matter of Mobil Oil Corp. v Syracuse Indus. Dev. Agency, 76 NY2d 428, 433).

With respect to the Town, its petition/complaint in proceeding No. 1 alleges that the construction of a landfill at Site C-2 would violate a local law prohibiting the importation of solid waste into the Town as well as various Town zoning ordinances. It also alleges that an aquifer and other water resources are subject to potential contamination and that Town “public use facilities, such as schools * * * would be adversely affected by blowing trash, noise and odors, [and] infestations of vectors” because of their proximity to the proposed landfill. The alleged violations of local laws, coupled with the specific environmental concerns set forth in the pleadings, are sufficient to confer standing upon the Town because these alleged adverse effects are peculiar to the Town’s role as a municipal agency and, therefore, “the harm [to the Town] is different from that of the public at large,” i.e., an individual resident of the Town (Matter of Parisella v Town of Fishkill, supra, at 851).

Insofar as the Marshall petitioners who reside in the Town are concerned, we again agree with Supreme Court that they have SEQRA standing.

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Bluebook (online)
284 A.D.2d 830, 728 N.Y.S.2d 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-coeymans-v-city-of-albany-nyappdiv-2001.